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APA Office
Division of Elections and Commissions
Bureau of Corporations, Elections and Commissions
101 State House Station
Augusta, Maine 04333
207/287-4184
FAX 207/287-6545

July 5, 2000
as posted in 5 daily Maine newspapers

NOTICE OF STATE RULE-MAKING

Public Input for Proposed and Adopted Rules

Notices are published each Wednesday to alert the public regarding state agency rule-making. You may obtain a copy of any rule by notifying the agency contact person. You may also comment on the rule, and/or attend the public hearing. If no hearing is scheduled, you may request one -- the agency may then schedule a hearing, and must do so if 5 or more persons request it. If you are disabled or need special services to attend a hearing, please notify the agency contact person at least 7 days prior to it. Petitions: you can petition an agency to adopt, amend, or repeal any rule; the agency must provide you with petition forms, and must respond to your petition within 60 days. The agency must enter rule-making if the petition is signed by 150 or more registered voters, and may begin rule-making if there are fewer. You can also petition the Legislature to review a rule; the Executive Director of the Legislative Council (115 State House Station, Augusta, ME 04333, phone 207/287-1615) will provide you with the necessary petition forms. The appropriate legislative committee will review a rule upon receipt of a petition from 100 or more registered voters, or from "...any person who may be directly, substantially and adversely affected by the application of a rule..." (Title 5 Section 11112). World-Wide Web: Copies of the weekly notices and the full texts of adopted rule chapters may be found on the World-Wide Web at: http://www.maine.gov/sos/cec/rcn/apa/.


PROPOSALS

AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 301, Food Stamp Manual
PROPOSED RULE NUMBER: 2000-P127
CONCISE SUMMARY: Food Stamp households will be able to own vehicles with low equity value. Attendant care payments may be considered earned income if the payment is made to a household member. Applicants and recipients will be allowed a full standard utility allowance if they believe they will receive a HEAP payment during the certification period. Households who do not cooperate in resolving issues generated by reported changes will be ineligible for future benefits until they cooperate.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 3104
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: August 4, 2000
AGENCY CONTACT PERSON: Richard P. Morrow, Food Stamp Program Manager, Department of Human Services, Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta, Maine 04333
TELEPHONE NUMBER: (207) 287-5093
TTY: (207) 287-6948 (Deaf/Hard of Hearing)


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 332, Maine Medicaid Eligibility Manual - Clarifies Existing Rules in Medicaid Coverage for Elderly and Disabled, Changes Rules on Retroactive Adjustments in the Nursing Home Costs of Care and the Definition of an "Uncovered Medicaid Expense" when Determining the Cost of Care in Nursing Homes and Home Based Waivers.
PROPOSED RULE NUMBER: 2000-P128
CONCISE SUMMARY: Clarifies Existing Rules in Medicaid coverage for Elderly and Disabled, Changes Rules on Retroactive Adjustments in the Nursing Home Costs of Care and the Definition of an "Uncovered Medicaid Expense" when Determining the Cost of Care in Nursing Homes and Home Based Waivers.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 3173
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: August 4, 2000
AGENCY CONTACT PERSON: Barbara Feltes, Medicaid Program Manager, Department of Human Services, Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta, ME 04333-0011
TELEPHONE NUMBER: (207) 287-5088
TTY: (207) 287-6948 (Deaf/Hard of Hearing)


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, Maine Medical Assistance Manual: Chapter 1, Section 1, General Administrative Policies and Procedures
PROPOSED RULE NUMBER: 2000-P129
CONCISE SUMMARY: The proposed changes constitute a major revision and include: new information on third party liability and prior authorization requirements; consolidation of information previously included in separate chapters of the Maine Medical Assistance Manual; new guidelines on interpreters, telemedicine, electronic signatures, the physician (and other prescriber) directed drug initiative, and record keeping and provider participation requirements. Outdated appendices are deleted and new appendices are added.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA, 42, 3173
PUBLIC HEARING: July 27, 2000 at 1:30 p.m. in the first floor conference room, 35 Anthony Avenue, Augusta, Maine.
DEADLINE FOR COMMENTS: August 7, 2000
AGENCY CONTACT PERSON: Peter J. Ezzy, Medical Care Administrator
AGENCY NAME: Policy Development Division
ADDRESS: 35 Anthony Avenue, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: 207-624-5514
207-423-4331 (Deaf/Hard of Hearing)


AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 55.58, Penobscot River Fishing Closure
PROPOSED RULE NUMBER: 2000-P130
CONCISE SUMMARY: The Department of Marine Resources proposes this regulation to protect sea run Atlantic salmon from mortality associated with incidental salmon catch by recreational fishermen fishing for other species. Even though all Atlantic salmon must be released alive immediately, some fish die due to handling. Atlantic salmon are known to concentrate below the Veazie dam prior to ascending the fishway to upriver spawning areas. Last year, the Atlantic Salmon Commission closed the directed recreational salmon fishery statewide. This does not preclude fishermen from fishing for other species within waters closed to salmon fishing. This rule would close a small area of the Penobscot River to all fishing to afford additional necessary protection to Atlantic salmon by preventing incidental catch and release of salmon.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 6171(5)
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: Friday, August 4, 2000
AGENCY CONTACT PERSON: Lewis N. Flagg
AGENCY NAME: Department of Marine Resources
ADDRESS: 21 State House Station, Augusta, Maine 04333-0021
TELEPHONE: 207/624-6548


AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 25.96(E), Eligibility Date for New Class I, II or III Lobster License Holders
PROPOSED RULE NUMBER: 2000-P131
CONCISE SUMMARY: The Department of Marine Resources proposes these changes to Chapter 25.96(E) as contemplated by 12 MRSA 6421, 6422 and 6448. These proposed changes describe the procedure for establishing the eligibility date for a new Class I, II or III lobster and crab license holder in order to establish the waiting list for limited-entry zones.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 6421, 6422 and 6448
PUBLIC HEARING:
Zone A, Mon., July 24, 2000, 6:30 p.m., Univ. of Maine, Science Bldg. Room 102, Machias
Zone B, Tues., July 25, 2000, 6:30 p.m., Middle School Cafeteria, 24 Forest Ave., Ellsworth
Zone G, Wed., July 26, 2000, 6:30 p.m., High School Cafeteria, 89 Fletcher Street, Kennebunk
Zone D, Thur., July 27, 2000, 6:30 p.m., Samoset Resort, 220 Warrenton Street, Rockport
Zone C, Mon., July 31, 2000, 6:30 p.m., High School Gymnasium, Route 15, Deer Isle
Zone E, Wed., Aug. 2, 2000, 6:30 p.m., Middle School Cafeteria, 252 Federal Street (Rt. 218), Wiscasset
Zone F, Thur., Aug. 3, 2000, 6:30 p.m., Harrison Middle School Cafeteria, 220 McCartney St., Yarmouth
DEADLINE FOR COMMENTS: Monday, August 14, 2000
AGENCY CONTACT PERSON: Laura Taylor
AGENCY NAME: Department of Marine Resources
ADDRESS: 21 State House Station, Augusta, Maine 04333-0021
TELEPHONE: (207) 624-6550


AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 25.93(E), Limited Entry Guidelines for Lobster Management Zones, and Ch. 25.93(A) Definitions
PROPOSED RULE NUMBER: 2000-P132
CONCISE SUMMARY: The Department of Marine Resources proposes these changes to Chapter 25.93(E) as contemplated by 12 MRSA 6448. These proposed changes require the zone council to have the survey on limited entry approved by the Commissioner and propose that the Commissioner be allowed to put one, or more than one, exit ratio out to public comment Restrictions on the frequency with which zone councils may take action on limited entry and on the lower limit of number of licenses in a zone are also proposed. Also, the citation for exclusive economic zone would be added to the definitions.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 6448
PUBLIC HEARING:
Zone A, Mon., July 24, 2000, 6:00 p.m., Univ. of Maine, Science Bldg. Room 102, Machias
Zone B, Tues., July 25, 2000, 6:00 p.m., Middle School Cafeteria, 24 Forest Ave., Ellsworth
Zone G, Wed., July 26, 2000, 6:00 p.m., High School Cafeteria, 89 Fletcher Street, Kennebunk
Zone D, Thur., July 27, 2000, 6:00 p.m., Samoset Resort, 220 Warrenton Street, Rockport
Zone C, Mon., July 31, 2000, 6:00 p.m., High School Gymnasium, Route 15, Deer Isle
Zone E, Wed., Aug. 2, 2000, 6:00 p.m., Middle School Cafeteria, 252 Federal Street (Rt. 218), Wiscasset
Zone F, Thur., Aug. 3, 2000, 6:00 p.m., Harrison Middle School Cafeteria, 220 McCartney St., Yarmouth
DEADLINE FOR COMMENTS: Monday, August 14, 2000
AGENCY CONTACT PERSON: Laura Taylor
AGENCY NAME: Department of Marine Resources
ADDRESS: 21 State House Station, Augusta, Maine 04333-0021
TELEPHONE: (207) 624-6550


AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 25.10(1)(a), Zone G, Limited lobster fishing in the vicinity of Kittery
PROPOSED RULE NUMBER: 2000-P133
CONCISE SUMMARY: The Department of Marine Resources proposes to require that both ends of trawls be marked with buoy sticks of at least 4 feet length, in the vicinity of Kittery. This adds a second stick to the requirement set forth in 12 MRSA 6439-A that one end of a trawl be marked with a 4 foot stick. The Zone G Lobster Management Council unanimously requested this proposed regulation, which is for purposes of preventing gear conflicts.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 6171-A, 6439-A
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: August 5, 2000
AGENCY CONTACT PERSON: Terry Stockwell, c/o Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: PO Box 8, West Boothbay Harbor, Maine 04575-0008
TELEPHONE: (207) 633-9556


AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 25.10(7)(a), Zone A, Gear Loss Reduction Measure
PROPOSED RULE NUMBER: 2000-P134
CONCISE SUMMARY: The Department of Marine Resources proposes to prohibit the use of buoys, greater than 10 inches in diameter, in the area between the Loran line 11970 beginning at the middle of Cross Island, Cutler, extending to the eastern boundary of the 3-mile limit, and Loran line 11810 beginning at Quoddy Head, also extending to eastern boundary the 3-mile limit. Representatives of the Zone A, District 1, Lobster Management Council have requested this proposed regulation.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 6171-A
PUBLIC HEARING: Monday, July 24, 2000, 7:00 p.m., University of Maine, 9 O'Brien Avenue, Science Bldg. Room 102, Machias
DEADLINE FOR COMMENTS: August 3, 2000
AGENCY CONTACT PERSON: Terry Stockwell, c/o Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: PO Box 8, West Boothbay Harbor, Maine 04575-0008
TELEPHONE: (207) 633-9556


AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 25.93(F), Exit Ratios for Limited Entry Zones - Zone D
PROPOSED RULE NUMBER: 2000-P135
CONCISE SUMMARY: The Department of Marine Resources proposes these regulations under Chapter 25.93(F) based on a survey of zone members and a recommendation of the zone council as contemplated by 12 MRSA 6448. These proposed changes establish an exit ratio of 1:1 for Zone D and outline procedures for authorizing new zone entrants. These rules require that regulations to limit entry shall be implemented concurrent with the licensing year following adoption.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 6448
PUBLIC HEARING: Zone D, Thurs., July 27, 2000, 7:00 p.m., Samoset Resort, 220 Warrenton Street, Rockport
DEADLINE FOR COMMENTS: Monday, August 14, 2000
AGENCY CONTACT PERSON: Laura Taylor
AGENCY NAME: Department of Marine Resources
ADDRESS: 21 State House Station, Augusta, Maine 04333-0021
TELEPHONE: (207) 624-6550


AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 25.93(F), Exit Ratios for Limited Entry Zones - Zone G
PROPOSED RULE NUMBER: 2000-P137
CONCISE SUMMARY: The Department of Marine Resources proposes these regulations under Chapter 25.93(F) based on a survey of zone members and a recommendation of the zone council as contemplated by 12 MRSA 6448. These proposed changes establish an exit ratio of 1:2 for Zone G and outline procedures for authorizing new zone entrants. These rules require that regulations to limit entry shall be implemented concurrent with the licensing year following adoption.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 6448
PUBLIC HEARING: Zone G, Wed., July 26, 2000, 7:00 p.m., High School Cafeteria, 89 Fletcher Street, Kennebunk
DEADLINE FOR COMMENTS: Monday, August 14, 2000
AGENCY CONTACT PERSON: Laura Taylor
AGENCY NAME:. Department of Marine Resources
ADDRESS: 21 State House Station, Augusta, Maine 04333-0021
TELEPHONE: (207) 624-6550


AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 25.93(F)(4), Exit Ratios for Limited Entry Zones - Zone G Exemption for Individuals Eligible Prior to January 1, 2000
PROPOSED RULE NUMBER: 2000-P140
CONCISE SUMMARY: The Department of Marine Resources proposes these changes to Chapter 25.93(F) based on a survey of zone members and a recommendation of the zone council as contemplated by 12 MRSA 6448. These proposed changes make an exemption for individuals who became eligible for a license prior to January 1, 2000 to any limited-entry ratio established in Zone G.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 6448
PUBLIC HEARING: Zone G: Wed., July 26, 2000, 7:30 p.m., Kennebunk High School Cafeteria, 89 Fletcher St., Kennebunk
DEADLINE FOR COMMENTS: August 5, 2000
AGENCY CONTACT PERSON: Laura Taylor
AGENCY NAME: Department of Marine Resources
ADDRESS: 21 State House Station, Augusta, Maine 04333-0021
TELEPHONE: (207) 624-6650


AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 25.93(F)(4), Exit Ratios for Limited Entry Zones - Zone D Exemption for Individuals Eligible Prior to January 1, 2000
PROPOSED RULE NUMBER: 2000-P142
CONCISE SUMMARY: The Department of Marine Resources proposes these changes to Chapter 25.93(F) based on a survey of zone members and a recommendation of the zone council as contemplated by 12 MRSA 6448. These proposed changes make an exemption for individuals who became eligible for a license prior to January 1, 2000 to any limited-entry ratio established in Zone D.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 6448
PUBLIC HEARING:
Zone D, Thurs., July 27, 2000, 7:30 p.m., Samoset Resort, 220 Warrenton Street, Rockport
DEADLINE FOR COMMENTS: Monday, August 7, 2000
AGENCY CONTACT PERSON: Laura Taylor
AGENCY NAME: Department of Marine Resources
ADDRESS: 21 State House Station, Augusta, Maine 04333-0021
TELEPHONE: (207) 624-6550


AGENCY: 14-193 - Department of Mental Health, Mental Retardation, and Substance Abuse Services, Bureau of Mental Health
RULE TITLE OR SUBJECT: Ch. (New), Review of Requests for Out-of-State Treatment
PROPOSED RULE NUMBER: 2000-P143
CONCISE SUMMARY: A protocol for preauthorization is established to ensure fair, timely, accountable and cost effective access to out-of-state mental health treatment for adults. Criteria of eligibility for authorization for treatment are established, and the mechanism for requesting preauthorization is delineated.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 34-B MRSA 3003
PUBLIC HEARING: July 27, 2000, 1-3 p.m., Conference Room 1, Department of Administrative and Financial Services, Tyson Building, East Campus, Augusta, ME
DEADLINE FOR COMMENTS: August 7, 2000
AGENCY CONTACT PERSON: Nancy Christensen
AGENCY NAME: Department of Mental Health, Mental Retardation, and Substance Abuse Services
ADDRESS: 40 SHS, Augusta, ME 04333
TELEPHONE: 207-287-7368


AGENCY: 03-201 - Department of Corrections
RULE TITLE OR SUBJECT: Ch. 10, Policy and Procedures Manual, Subsection 15.1J, Resident Disciplinary Procedures - Maine Youth Center
PROPOSED RULE NUMBER: 2000-P144
CONCISE SUMMARY: This Policy & Procedure governs the standards of behavior and establishes practices that must be followed when taking informal or formal disciplinary sanctions against a juvenile offender for violations of established rules of conduct for residents of a juvenile correctional facility.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 34-A MRSA 1402, 1403, 3032
PUBLIC HEARING None scheduled; one may be requested.
DEADLINE FOR COMMENTS: August 4, 2000
AGENCY CONTACT PERSON: Ellis King, State House Station 111, Augusta, Maine 04333-0111
TELEPHONE: (207) 287-4342


AGENCY: 12-179 - Department of Labor, Bureau of Labor Standards, Board of Occupational Safety and Health
RULE TITLE OR SUBJECT: Ch. 2, Occupational Safety and Health Standards for General Employment in the Public Sector
PROPOSED RULE NUMBER: 2000-P145
CONCISE SUMMA Y The purpose of this Chapter is to incorporate by reference rules governing Occupational Safety and Health in general employment. The Board is considering adoption of OSHA directive number CPL 2-2, 44D issued 11/05/99*.
* To interpret the OSHA bloodborne pathogen regulation.
THIS RULE WILL HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 26 MRSA 565
PUBLIC HEARING): None scheduled; one may be requested.
DEADLINE FOR COMMENTS: August 18, 2000
AGENCY CONTACT PERSON: Alan C. Hinsey, Director
AGENCY NAME: Bureau of Labor Standards
ADDRESS: 45 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-6400


AGENCY: 02-174 - Department of Professional and Financial Regulation, Office of Licensing and Registration, Board of Boilers and Pressure Vessels
RULE TITLE OR SUBJECT:
Amendment to Ch. 1, Definitions
Amendment to Ch. 2, General Rules Governing Boilers of All Types
Amendment to Ch. 6, Pressure Vessels
Amendment to Ch. 9, Boiler Inspectors
Amendment to Ch. 10, Boiler Engineers and Operators
PROPOSED RULE NUMBER: 2000-P146
CONCISE SUMMARY: The proposed rules provide needed clarification to the definitions. The proposed rules indicate the Board's intent to adopt a more current edition of the ASME Boiler and Pressure Vessel Code and National Board Inspection Code for the standards of new boilers and pressure vessels in the State of Maine. The proposed rules also set forth the procedure to be followed to request a grace period to operate a boiler for up to two months beyond the expiration date of the Certificate of Inspection. The proposed rules clarify the code that boilers and pressure vessels are to be inspected by. The proposed rules set forth the procedure to be followed by inspectors when suspending a boiler or pressure vessel certificate when the boiler or pressure vessel is found to be unsafe. The proposed rules also set forth the procedure to be followed by the Chief Inspector when condemning a boiler or pressure vessel in the event that repairs are not feasible. The proposed rules indicate the Board's intent to adopt the Rules for Commissioned Inspectors published by the National Board as the qualifications for candidates to take the National Board of Boilers and Pressure Vessels examination. The proposed rules provide needed clarification for examination, licensing, and reciprocity requirements for Boiler Engineers and Operators. The proposed rules also provide needed clarification regarding the attendance requirements of licensed boiler operators and/or engineers at plants. The proposed rules also establish an application fee to be charged by the Board.
THE PROPOSED RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 MRSA 15104-A
PUBLIC HEARING: Tuesday, July 25, 2000, 9:00 a.m., Department of Professional and Financial Regulation, Central Conference Room, 122 Northern Avenue Gardiner, ME 04345
DEADLINE FOR WRITTEN COMMENTS: August 11, 2000
AGENCY CONTACT PERSON:
NAME: Cheryl Hersom, Board Administrator
ADDRESS: Department of Professional and Financial Regulation, Office of Licensing and Registration, #35 State House Station, Augusta, Maine 04333
PHONE NUMBER: (207) 624-8605


ADOPTIONS

AGENCY: 13-188 - Department of Marine Resources
CHAPTER NUMBER AND TITLE: Ch. 55.58, Penobscot River Fishing Closure - Emergency
ADOPTED RULE NUMBER: 2000-278
CONCISE SUMMARY: The Department of Marine Resources adopts regulation Chapter 55.58 as an emergency measure to prevent the imminent depletion of the Atlantic salmon of the Penobscot River. Incidental catch and release of Atlantic salmon caught by recreational fishermen can result in the death of salmon due to handling and stress. Three salmon recently caught and released by striped bass fishermen below the Veazie dam is evidence that the current closure on the directed salmon-angling fishery is not adequate to protect Atlantic salmon. This additional measure will increase the protection of Atlantic salmon from mortality associated with catch and release fishing.
EFFECTIVE DATE: Saturday, July l, 2000
AGENCY CONTACT PERSON: Lewis N. Flagg
AGENCY NAME: Department of Marine Resources
ADDRESS: 21 State House Station, Augusta, Maine 04333-0021
TELEPHONE: (207) 624-6548


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